United States Sixth Circuit

District court's denial of defendant's request for habeas relief from his conviction of for kidnapping, rape and aggravated murder and a sentence of death is affirmed where: 1) the Supreme Court of Ohio did not unreasonably apply federal law when it held that excluding a witness's statement did not violate defendant's constitutional rights and he was not entitled to habeas relief on this basis; 2) even assuming the trial court committed constitutional error by omitting a catch-all mitigation factor and appellate counsel performed deficiently in failing to challenge the omission before the Court of Appeals of Ohio, the Supreme Court of Ohio cured any resulting error by its reweighing of the proper aggravating circumstances and mitigating factors; and 3) the Supreme Court of Ohio did not unreasonably determine the facts when it held that sufficient evidence supports the jury's verdict that defendant is guilty of rape, and therefore guilty of aggravated murder and eligible for the death penalty.

Appellate Information

• Argued 08/03/2010
• Decided 08/31/2010
• Published 08/31/2010

Judges

• ROGERS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Gary W. Crim, Seth P. Kestner